Sometimes a casual employee may not complete a shift because they feel unwell. How should they be paid? 

Consider this scenario: a company operates in the road transport industry and employs several casual drivers. A driver attends work but leaves after two hours because he feels sick.  

The driver claims he is entitled to four hours' pay at the casual rate, representing the minimum payment for a casual employee prescribed by the Road Transport and Distribution Award 2010.  The employee only wants to pay him for the two hours worked. Who is correct? 

Minimum payment  

The casual employee is not entitled to the minimum payment as he left work of his own volition. In the absence of a specific term in the applicable modern award, the general principle relevant to the minimum payment is that a casual employee is entitled to the minimum amount if directed to cease work by the employer before completing the prescribed minimum period. 

The casual employee is unable or incapable of performing work, consequently leaves work, so the minimum payment does not apply. The employee must be ready, willing and able to work to qualify for the minimum payment. The casual employee would be paid only for the time worked.   

The Road Transport and Distribution Award 2010 (clause 12.5(c)) provide that a casual employee is paid a minimum of four hours. Many modern awards prescribe a minimum payment for a casual employee to cover circumstances where an employee presents for work but is sent home by the employer after a short period of time, usually because no work is available. 

There is no ‘standard’ minimum payment for casuals. Award provisions vary from a minimum of two hours pay (Hospitality (General) Award) 2010) up to eight hours pay (Road Transport (Long Distance Operations) Award 2010). 

Reference should be made to the applicable modern award to determine a casual employee’s entitlement to a minimum payment.   

Under the National Employment Standards (s95), a casual employee is not entitled to paid personal/carer’s leave.   

The bottom line: A casual employee’s entitlement to a minimum payment under the terms of the applicable modern award applies only where the employer directs the employee to leave work before completing the prescribed minimum period. A casual employee who leaves work of their own volition before completing the prescribed minimum period is paid only for the time worked.